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Home My WebLink About4188 Olive Avenue, LLC. Agmnt & Purchase Of A Perm St Easement 12.8.21AGREEMENT FOR PURCHASE AND SALE OF A PERMANENT STREET EASEMENT AND ESCROW INSTRUCTIONS APN 454-052-32 and 454-052-33 SHAW-CEDAR BUS STOP UPGRADES PROJECT City Project No.: FC00019 This Agreement for a Permanent Street Easement (Agreement) is entered into by and between 4188 OLIVE AVENUE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (Owner), without regard to number or gender, and the CITY OF FRESNO, a municipal corporation (City) for a permanent street easement and right-of-way for public street purposes on the following terms and conditions. 1. The real property which is the subject of this Agreement, hereinafter "Subject Property", is a Permanent Street Easement to facilitate the Shaw-Cedar Bus Stop Upgrades (Project), situated in the City of Fresno, County of Fresno, State of California, being approximately 69.75 square feet in size, within Assessor's Parcel Number 454-052-32 AND 454-052-33, as described on Exhibit "A" and depicted on Exhibits "B" and "C", attached hereto and incorporated herein by reference. 2. Owner agrees to grant to the City a permanent street easement and right of way, (Easement) for public street purposes over, under, though, and across the Subject Property. 3. City shall pay just compensation of SEVEN HUNDRED AND NO/100 DOLLARS ($700.00) for the Easement, including cost to cure damages, benefits and/or severance damages to the remainder, if any. 4. City shall not impair any rights of ingress or egress to Owner's remaining property at any time. 5. City warrants that the City's acquisition of the interests in the Subject Property and/or construction of the Project shall not alter, demolish, destroy, damage, or otherwise impair or impede existing ramps, slopes or improvements designed to meet or comply with requirements of the Americans With Disabilities Act and all applicable regulations, guidelines and standards related thereto. 6. City warrants that construction of the Project in the manner proposed shall comply with all construction requirements, laws, regulations, and standards that would be applicable to Owner had Owner constructed said improvements. 7. To the extent the Subject Property and/or construction of the Project in the manner proposed requires relocation of any existent signage or monuments, City shall, at its sole cost and expense, relocate any and all existing signs and or monuments located upon or within the Subject Property, if any, to Owner's remaining property. 8. City shall, at its sole cost and expense, repair and/or replace in kind any and all sidewalk improvements damaged or destroyed as a result of the construction of the Project. 9 . The Effective date of this Agreement shall be upon its duly authorized execution 1 by the City and the payment of SEVEN HUNDRED AND NO/100 DOLLARS ($700.00) just compensation to the Owner. 10 . Owner represents and warrants that it holds fee title to the Subject Property and has the authority to enter into the Agreement herein made. 11 . The transaction of the sale shall be processed by the City through an internal escrow at 2600 Fresno Street, Fresno , CA 93721. The contact is Colleen Karby at 559-621-8697. a. The City shall pay the Owner the sums due directly by check. b. Payment of said sums may be made to Owner only when the City possesses a fully executed and acknowledged and recorded easement deed to the Subject Property. c. It is understood that Owner shall be responsible for the payment of all taxes, penalties, redemptions, and costs allocable to the Subject Property. d. The escrow fee, cost of policy of title insurance, recording fees (if any), shall be paid by the City. e . Disbursements of the purchase price to be in the amounts, at the times, and in all respects in accordance with the terms and conditions and subject to the limitations of this Agreement. 12 . Owner shall indemnify, hold harmless , and defend the City, its officers, agents, employees, and volunteers from any liability, loss, fines, penalties, forfeitures , claims , expenses, and costs, whether incurred by the Owner, City, or any other third party , arising directly or indirectly from the release , presence or disposal of any hazardous substances or materials (as now or hereafter defined in any law, regulation, or rule) in, on, or about the Subject Property on or before the effective date of this Agreement. This indemnity shall include , without limitation, any claims under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), or any other federal, state or local law whether statutory or common law, ordinance, or regulation. Costs or losses covered will include , without limitation , consultants , engineering, investigator fees, clean up or disposal costs and attorneys' fees, and damages. The Owner's obligation herein to indemnify and hold harmless the City shall not exceed the amount paid to the Owner specified in Paragraph 3. 13 . Miscellaneous Provisions: a. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provision of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein. b. Gove rni ng Law and Ve nu e . This Agreement shall be governed by , and construed and enforced in accordance with, the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or interpretation of this Agreement any rights and duties hereunder 2 shall be Fresno , California . c. Headings. The section headings in this Agreement are for convenience and reference only and shall not be construed or held in any way to explain, modify , or add to the interpretation or meaning of the provisions of this Agreement. d. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability or any one provision in this Agreement shall not affect the other provisions. e. Interpretation. The parties acknowledge that this Agreement in its final form is the result of the combined efforts of the parties and that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this Agreement in favor of or against any party , but rather by construing the terms in accordance with their generally accepted meaning. f. Attorney's Fees . If either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney 's fees and legal expenses. g . Precedence of Documents. In the event of any conflict between the body of this Agreement and any Exhibit or Attachment hereto, the terms and conditions of the body of this Agreement shall control and take precedence over the terms and conditions expressed within the Exhibit or Attachment. h. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall , wherever possible, be cumulative with all ~ther remedies at law or in equity. i. Exhibits and Attachments . Each Exhibit and Attachment referenced herein is by such reference incorporated into and made a part of this Agreement for all purposes. j. Exte nt of Agree me nt. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Owner. [SIGNATURE PAGE TO FOLLOW] 3 . . IN WITNESS WHEREOF, the parties have. executed this Agreement at Fresno, California, on the Effective dat~ of this Agreement as defined above. CITY OF FRESNO, 4188 Olive Avenue, LLC, A California Limited A California mu n ici a Liability Company · By: !::::....!:...:::.....~0!=:~~:1:::L~~~-, By: ~cP -t{;v.,,-,.,,,A__ l}-2 z~ 2-o2./ Scott , , Name: ~ c. ,&vu,✓-_ Date Public s Director Title: /Vl/f-tv-,.c,-c~ RECOMMENDED FOR APPROVAL : Date (:>-( I {:)_IBy: Colleen Karby Date Senior Real Estate Agent ~1-i...-1-1.,0-,.,1 ~tt~ Date Supervising Real Estate Agent APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney a an ian Date p ty City Attorney • \1,,·3 ·,.I ATTEST: l""O DD 5'11S~((\ER. UYH'...J1 (Y]C..,e..,,1BR11t.NA PARRA,CMC Interim City Clerk Attachments: ·•.·1. Exhibit"A" 2. Exhibit"B" 3. Exhibit"C" 4 . ,. EXHIBIT"A" APN 454-052-32 AND 33 (portion) Public Street Easement A portion Lot 1 of Harvey Heights , according to that map thereof recorded in Volume 9 of Plats, at Page 35, Fresno County Recor.els , lying in the Southeast quarter of Section 35, Township 13 South , Range 20 East, Mount Diablo Base and Meridian, according to the Official Government Town ship Plat thereof, more particularly described as follows: The West 1.50 feet of the East 39.50 feet of the South 44.50 feet of the North 170.00 feet of said Lot 1. Containing an area of 69.75 square feet, more or less. --- EXHIBIT "B" t SECTION LINE EAST QUARTER CORNER SECTION 35, 13/20I NORTHEAST CORNER OF - LOT 1 -HARVEY HEIGHTS NORTH LINE OF LOT 1 -.---, I ,_ lll c'\i,_ IC) ..... 0 0 I \ 0 •I :z: , I : ' 0 0 ~ ..... ~ ....JLOT1 I portion of 1 LOT 1 HARVEY HEIGHTS Vol. 9 of PLATS, Pg. 35, F.C.R. 1"=30' --38'--··J78' -1--11--1. 50' ~ ----<ci ~ APN 454-052-33 4188 OLIVE AVENUE, LLA I D INDICATES AREA TO BE DEDICATED FOR PUBLIC STREET EASEMENT PURPOSES. 69. 75 S.F. :t. REF.& REV . CITY OF FRESNO PROJ. ID . FUND NO. FC00019 43567 RES TYPE HFNCP 2019-XXX DEPARTMENT OF PUBLIC WORKS ORG.NO. 459901 15-A-9XXX AREA TO BE DEDICATED FOR PUBLIC STREET OR.BY CH.BY J.A.C. J.A.C. SHEETN0._ 1 _ OF _1_SHEETS PLAT2459 PURPOSES. DATE MAY27,020 SCALE 1" =30' - CEDAR AVE .OL -location of the easement being requested for the bus stop . <X) lO -co,<0